We have the right to sue WCB for NON work related damages. This is called "TORT" law. Its pain and suffering caused by WCB employees and reporting consultant's ILLEGAL conduct. False reporting is illegal because it constitutes fraud against the injured insurance claimant. Tort is the pain and suffering claim for damages NOT caused by a work related incident, accident or injury. Therefore it does not fall under the WCA (workers ‘compensation act). It is TORT damages. You must prove the damages by attaining a psychiatric report and/or other professional reports and/or affidavits of persons that attest to the damages you suffered. Nothing in your statement of claim can be in regard to loss of wages or expenses or any monies lost; Only EMOTIONAL AND PHYSICAL PAIN AND SUFFERING. NOT pain caused by the injury and not pain the injury caused another person.
The Court of Queen's Bench or Supreme Court are both courts of "competent jurisdiction" to hear "Tort" claims against a "Public Agency"(WCB). Alberta Justice represents the WCB, don't let that scare you. They claim section 17(2) of the WCA protects the WCB from all claims against them. Not true, obviously. The section is titled "Jurisdiction" which means that section is in regard to jurisdiction. This means that the WCB has the right to hear and decide everything that "FALLS UNDER THE ACT". Tort law for damages which caused pain and suffering does not fall under the ACT because it's NOT A WORK RELATED INJURY claim. The courts cannot deny you natural fundament Justice to seek reparation for damages and leave you without a governing body or court of competent jurisdiction. WCB will refuse to rule on Tort damages, ask them to put that in writing. Now you have proof that the Court is the only place for you to seek justice.
Tort is defined as:
a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.
(mal-fee-zuh ns) noun, law
The performance by a public official (WCB) of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used especially of an act in violation of a public trust).
Sec. 17(2) Titled Jurisdiction of Board is what protects WCB from being sued for lost wages. However, this does not include damages for pain & suffering. This was proven by a claimant that successfully sued WCB Alberta and was later settled out of court. It only costs $250 to file a statement of claim to proceed with a civil litigation suit in the court of Queen’s Bench. You just need to show the courts the evidence surrounding the particulars of how the WCB caused you pain & suffering. This includes the falsified documents by doctors, etc. Most claimants have a very clear memory of everything they were subjected to at the hands of this unscrupulous public agency. Some may have even kept a journal.
Anyone can represent themselves in court! In fact, all of the court websites include the information you need including how to videos. These sites even contain the applicable paperwork you need to file. If you do a search on various documents, it will come up with sample ones that will help guide you on how to fill them out properly. You will need to go through your claim file to gather all the documents that would apply. Organize these in file folders. You don’t have to be a lawyer!
It is important to know that WCB can terminate or suspend benefits if a worker pursues this. Under the policy titled Determining Permanent Impairment of Earning Capacity, question 9 asks “Under what conditions will WCB reduce or suspend benefits? It states they will do this if it affects the conduct of a 3rd party action (lawsuit) or appeal rising from a 3rd party action. In layman’s terms this means they can stop paying you an ELP if you sue them. This policy can be found at: https://www.wcb.ab.ca/assets/pdfs/public/policy/manual/printable_pdfs/0404_2_app1.pdf
This website and its contents are not affiliated with WCB Alberta.